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HomeMy WebLinkAboutPacket HOA 02-27-12 Part 2T'racCitions on the Jtlonon CarmeC, Indiana Table of Contents Transition Issues Report Preface Section 1 Parking Deficiencies and Congestion Section 2 Irrigation System Defects Section 3 Building and Infrastructure Defects Section 4 Landscaping Plan Defects Section 5 HOA Funds Management Discrepancies Appendices Page 5 Page 8 Page 12 Page 20 Page 27 Background traditions on the Jilonon Carme Indiana Transition Issues Report Preface August 20, 2010 Traditions on the Monon Homeowners Association Board of Directors President: Vice President: Secretary: Treasurer: Member at Large: The Common Council of the City of Carmel, Indiana, established the creation of Traditions on the Monon as a Planned Unit Development (PUD) District on December 20, 2004 via Ordinance No. Z- 464 -04. A complete copy of the Ordinance is located in Appendix Preface: PUD Z- 464 -04. The Traditions on the Monon proposal presented to the City Council characterized the development as "high -end, classic- styled townhome units to be arranged along intimate streets, landscaped courtyards, or along the Monon Trail." Centex Homes was the original developer /builder and promptly started construction of Traditions on the Monon, guided by the Planned Unit Development Ordinance and Standards. On October 14, 2005, the Traditions on the Monon Homeowners Association (HOA) was initiated and recorded with the State of Indiana. Timothy McMahon, President of Centex Homes, became President of the HOA. OMNI Management Services was selected as the HOA's property management company. OMNI Management Services remains the property management company at the present time. In April 2009, Pulte Homes announced the purchase of Centex Homes and took ownership of the development/builder role by simple purchase of Centex's business interests nationwide. In late October, the role of HOA President was transferred to Anthony Barbee, President of Pulte Homes. By the spring of 2010, Pulte Homes had functionally assumed their management role at Traditions on the Monon. During May of 2010, OMNI Management Services notified the Traditions on the Monon homeowners that the developer's Declarant Control Period had ended based on the percentage of the total townhome units now owned by individuals. At this point, the Page 1 Robert Potokar Tom Sharp Victoria Mandras Andrew Bales Nigel Stark homeowners were required per the by -laws to elect a new set of five officers to manage the HOA. Officers were elected at an official HOA meeting on Thursday, May 13, 2010. By July 6, 2010, the new homeowner controlled HOA Board officers had been recorded with the State of Indiana. At this point in time, Pulte Homes had one remaining building to construct at Traditions on the Monon. They had completed 22 of the 23 buildings planned, which represented 118 townhome units. The final building, now under construction, will have 8 townhome units, resulting in a development total of 126 townhomes per the PUD. HOA Transition Process The May 2010 HOA election marked the beginning of a transition period from the developer controlled HOA to a homeowner controlled association. The new HOA Board of Directors was quickly overwhelmed with homeowner complaints, questions, and concerns. Due to the fact that the homeowners were not phased into the HOA in a typical staggered time progression as the development sold, little communication concerning the transition process was made available to the new Board. It is fairly common for homeowners and the developer to have widely differing views on issues and their importance, due to different perspectives. Homeowner anxiety can often be accentuated by slow or inadequate builder service response to homeowner warranty claims, maintenance problems, building conditions, parking limitations or landscape appearance. The first task undertaken by the new HOA Board was to request a formal transition process. This would generally be defined as an organized transfer of the previous HOA's business records, such as financial statements, formal HOA meeting minutes, key PUD issues, legal concerns, etc. No formal or organized HOA transition process was proactively offered or initiated by Pulte Homes. Of great concern was the lack of any perceived interest on the part of the previous HOA Board officers, OMNI Management Services, and Pulte Homes as the developer to recognize the need for a formal process to transition the HOA's business. Developer /Builder Build Out Transition Process Currently, Pulte Homes is in the final build out phase of Traditions on the Monon. With the completion and sales of the 8 townhome units in Building 13, the development will" be complete in terms of townhome construction. Many defect and deficiency issues have been brought to the attention of the new HOA Board concerning the condition of the buildings and grounds. At the "walk- through" meeting of HOA Board Officers (Bob Potokar, Tom Sharp) OMNI Management Services (Andrea Wilson) and Pulte Homes (Matt Lohmeyer) on May 4, 2010, Pulte Homes presented a list of 8 -10 development wide defects which were "all that remained to be done This was deemed to be inadequate based on an equal number of additional defects added simply by a small sample area inspection that very afternoon. During this walk through, Pulte committed to having a Pulte Area Engineer prepare a complete punch list of the development buildings and grounds. To date, no complete development -wide punch list has been received despite numerous requests from the new HOA Board. Page 2 The new HOA Board members concluded along with the absence of a formal developer transition plan and the builder's prepared punch list, that it would be necessary to expend HOA funds of $4,400 to hire a third party certified property inspector. Gibb Surette Inspect was contracted to prepare an inspection of the grounds, infrastructure, and building exteriors. It is also important to acknowledge that the City of Carmel has no formal "transition" process or "turnover" plan to ensure compliance with the duly passed Planned Unit Development (PUD). We are currently working with the City of Carmel and City Council to determine a process by which the Traditions on the Monon PUD Ordinance is to be enforced. Need for Traditions on the Monon Defects /Deficiencies Review Given the uncertainty of the situation and the critical timing with Pulte Homes building out the last building, the Board took action to prepare an inspection and a transition report. Of concern is the fact that the townhome owners may find themselves liable, financially and otherwise, to unregulated actions of the developer and a developer controlled HOA. Based on these facts and the urgency of the situation, the new HOA Board concluded it would prepare a more formalized audit of all defects and deficiencies currently present at Traditions on the Monon due to: the absence of a formal transition process the discovery of additional critical issues from recent Board reviews the new HOA's liability and high potential of increased financial responsibilities This document is the basis and beginning for an orderly and formal turnover of the development from the builder to the homeowners. It is designed to be informative and promote a positive dialogue between Pulte Homes, the new HOA Board, and the City of Carmel. The Report is organized into five sections: Section 1 Section 2 Section 3 Section 4 Section 5 Appendix Parking Deficiencies and Congestion Irrigation System Defects Building and Infrastructure Defects Landscaping Plan Defects HOA Funds Management Discrepancies Page 3 Summary The intent of this document is to identify issues we are very concerned about. It is genuinely hoped that all parties involved can work together to resolve these issues to deliver the community defined in the PUD. Traditions on the Monon can truly become "high -end, classic- styled townhome units arranged along intimate streets, landscaped courtyards, and along the Monon Trail." Using a professional approach, we would like to achieve a mutual agreement with all parties through the use of this document to ease the difficulty of the transition process. Our desire and common goal is to have a model community built by Pulte Homes that the City of Carmel and the homeowners of Traditions on the Monon can be proud of. Page 4 Issue 1.0 Driveway Parking Spaces Greater Than 15 Feet Deviation from the Approved PUD Issue 1.1 Internal Guest Parking Spaces Deviation from the Approved PUD Issue 1.4 SECTION 1 Parking Deficiencies and Congestion The PUD calls for each townhome driveway length to be 15' to 17'. Only 11.9% of the drives meet the 17' requirement. Only 39.7% or 50 driveways out of the 126 meet the 15' requirement. Consequently, this allows for only 100 guest parking spaces in the townhome driveways versus the 280 approved in the PUD. The problem is further exacerbated by the fact that the driveway congestion is usually for an entire block of two rows of homes because the driveways back up to each other. See Appendix Issue 1.0: Driveway Parking. The PUD indicated that there would be 80 internal guest spaces. Internal Guest parking spaces are spaces throughout the development in addition to the driveway parking spaces. There is an actual count of 47 spaces provides for a 41% reduction in the approved internal guest spaces per the PUD requirement. Issue 1.2 Adiacent Street Parking Spaces Deviation from the Approved PUD The on- street parking on Smoky Row Road allows for only 13 parking spaces versus the claimed 15 spaces in the PUD. The total length of the on- street parking area space is 315' long. Using a slightly undersized parking space length of 23' only 13 spaces are available, which is a number relatively close to the PUD approval of 15 spaces. Issue 1.3 Total Guest Spaces Reduction Percentage Deviation from Approved PUD Total Guest Parking is the total available parking of driveway spaces, internal development parking spaces, and adjacent street parking. The PUD indicates an-- approved guest Total Guest of 375 spaces. Per the discussions above, only 160 total guest parking spaces exist. This is a 57% reduction in total guest parking spaces from the PUD requirement. Guest Parking and Total Parking Ratio Reductions In summary, there are two important parking ratios expressed in the PUD: Guest Ratio: total guest parking spaces per townhome unit Total Parking Ratio: total guest parking spaces plus two interior garage spaces per unit Page 5 SECTION 1 Both parking ratios have been significantly reduced from approved PUD. The Guest Parking Ratio has been reduced to 1.27 parking spaces per town home unit from the PUD's required 2.68 spaces. This equals a 53% reduction in the amount of total guest parking actually available per townhome. The Total Parking Ratio, which includes the addition of two interior garage parking spaces per townhome, was to be 4.68 per townhome unit, but is actually 3.27. This represents a 30% reduction of available parking for the entire community from what was specified in the approved PUD. See Appendix Issue 1.4: Parking Ratios for a summary of the data on major parking deviations for Issues 1.0 through 1.5. Issue 1.5 Banked Parking Acknowledgement Appendix C of the PUD is a template showing the "Banked Parking" configuration of approximately 37 spaces. The Preliminary Development Plans, dated 01 -13- 05, entitled "Banked Parking depicts 35 banked parking spaces. Since the inception of the Traditions on the Monon development, there was a recognized and documented need for additional parking; designated in various drawings as "Banked Parking Since the development was planned to be built in a single phase utilizing all of the available land, the designated "Banked Parking" area of 35 -37 spaces has not been built to date. Solution Proposed Parking and Congestion Solution Additional parking spaces should be provided based on a formal "Additional Parking Study" prepared by Pulte and approved by the City of Carmel and the HOA. For example, the addition of 60 land `Banked Parking" spaces provides for a Guest Parking Total of 220 spaces compared to the PUD requirement of 375 spaces. The NW corner parking, shown on the Banked Parking Plans approved by the City, should now be built as the principle source of additional parking for the Traditions on the Monon development. Additionally, the parking study should consider some type of mutual joint -use parking agreement with the funeral home on the east side of the development and provide other suggestions to alleviate the congestion of the current parking situation. Issue 1.6 Width of Development Roadways Deviations from Approved PUD The PUD and site drawings clearly show that the named roadways at Traditions are unique and that most are located on the garage side of the buildings. These named roadways call for a width of 20' and either two -17' driveways or two -15' driveways as part of the driving zone. With this as the compliance standard, no named roadway in the complex has a 54' width. The only roadway or street that comes close is 11 Street NW, which has some areas of the street at 52'2" wide. Page 6 SECTION 1 Solution Proposed Solution None Issue 1.7 Visitor Parking Monon Trail Users Since the Traditions on the Monon development borders on the Monon Trail, the residents are constantly complaining about Trail users taking up the precious parking spots on Smoky Row Road. This suggests that at least 50% of these spots should be removed from the guest parking analysis of total parking spaces. Additionally, many of the parking spots that surround Canterbury Commons and Middleton Commons should be eliminated from the accounting due to non- resident use for easy and quick access to the Monon Trail. This reduction of actual usable parking spaces is not figured into the analysis, but should be taken into consideration during the "Additional Parking Study Solution Proposed Solution None Page 7 SECTION 2 Irrigation System Defects Issue 2.0 Overall System Functionality The system is not fully functional or reliable as installed. Since 2007, the HOA has paid $7,670.00 for repair /replacement charges of irrigation system components in addition to the annual routine maintenance charges of approximately $2000.00 included within the Landscaping Contract. See Appendix Issue 2.0: Irrigation System Charges for a summary and itemized description of these expenses from May 2007 through June 2010. Many charges are due to construction related damages that have been erroneously billed to the HOA. Each year, multiple nozzles, valves, rotors and piping are replaced while repairs are required just to get the system into an operable state. The magnitude of the cost for these repairs is excessive and unacceptable for an irrigation system less than 5 years old. Additionally, the inability of the irrigation system to operate reliably and function properly has caused much damage to the property landscape and infrastructure. Due to different irrigation companies doing installation versus maintenance, further damage has been inflicted due to repeated delays in system start -up, the time required to identify problems, the length of time required to order and receive parts, personnel availability to facilitate repairs in a timely manner coupled with uncertainty of controller programming, zone locations and timer settings. The result has been either extreme drought or flooding. Solution Proposed Solution Pulte is to pay for all past and future irrigation system repair and replacement charges until the system is demonstrated to be fully functional. Upon completion of the total development system installation, the irrigation system will be inspected and commissioned with HOA representatives. This will be followed by a formal construction turnover of a fully functional, operational and robust irrigation system to the HOA. Until such a time, all costs to maintain /repair the existing system and and cost incurred to replace landscaping due to the lack or a functioning system will be Pulte's responsibility. Issue 2.1 Irrigation System Drawings and Deviations from Design System Design The Irrigation Plan was prepared by Irrigation Design Source located in Fishers, IN for Centex Homes on October 18, 2005. The system design is based on running irrigation zones at a minimum operating pressure of 65 Page 8 SECTION 2 psi at the water source point of connection and at a maximum flow demand of 21 gpm. Since the system is a simple 2 -wire design, there is limited capability for modifications. Additionally, the developer did not integrate the Irrigation System Design with the approved Landscape Plans. Refer to the Traditions on the Monon Irrigation Plan and System Layout Design Drawing. Installation The Rain Bird 1800 Irrigation System throughout the Traditions on the Monon development has been installed in phases by Walker Irrigation Systems, Inc, for Centex Homes /Pulte Group. It is comprised of Rain Bird 1800 Series sprayer heads, Rain Bird Walla Walla Multi Stream Turf Rotors, Wilkens Backflow Preventers, a Tucor RKD60 Controller and a Rain Sensor installed in the vicinity of the controller. As each building in the development was constructed, the piping and sprinklers were installed, zones assigned, followed by connection to one of the two points of connection (p.o.c.). Each p.o.c. is configured with a pressure vacuum breaker, isolation valve and backflow preventer installed per local codes. The Tucor RKD60 Controller is located near the entrance of Traditions on the Monon. The controller is programmed to run each assigned zone for a specific time period at a designated frequency. Installation versus Maintenance When Walker Irrigation installs an irrigation zone, the controller is programmed to run at an initially high frequency to ensure the landscape trees, shrubs and/or sod /grass can acclimate to the newly planted conditions. After this initial setting, Walker turns over routine maintenance of the system to the designated contractor. Maintenance is currently performed by Barthuly Irrigation, Inc, via a subcontract arrangement with the Landscaping contract with Mainscape. Routine Maintenance and Operation It is the responsibility of Barthuly Irrigation under the direction of OMNI Management Services to provide Irrigation System start -up, fall winterization, monthly irrigation checks, and backflow preventer testing maintenance services. The charges for these services are included in the,. monthly installment payments of the 2010 Landscape Maintenance Service Agreement with Mainscape and will not be billed to the HOA via separate invoices. Deviations from Design and Irrigation Requirements 1) Non conformance to design with respect to sprinkler heads being installed perpendicular and flush to finish grade with a clearance of 2" (min) from the edge of any hard surface. 2) Selection of spray heads and multi- stream rotors are required to be the appropriate selection with arc adjustments to provide 100% coverage as they exist on site. In many different areas of the development, spray Page 9 Solution Proposed Solution SECTION 2 coverage is inadequate and does not reach many of the shrubs and plants in the landscaped beds surrounding each townhome. 3) The Rain Bird PGA remote control valve installations that receive communications from the controller were designed to be installed below the finished grade on a 4" pea gravel base housed by a durable weather resistant plastic valve box. The valve box design specifications require it to be installed 1/2" above finish grade in turf and 2" above finish grade in shrubbery areas. Valve boxes have actually been installed in the center of common area walkways and directly in the front entrance walkway of Unit 57 located in Building 16 on 10 St NW and not located in the turf or shrubbery mulched areas. 4) Valve boxes do not house PGA remote control valves, just terminated communication wires. Locations of valves unknown to Barthuly Irrigation, consequently, isolation of these areas is not possible. Many of the control valve boxes and locations have been covered by mulch or other landscaping. Locations were not marked prior to coverage. 5) Timers for newly constructed and landscaped zones not reset properly after initial installation resulting in flooding of areas, inconvenience to residents, and damage to sidewalks and shrubbery. Timers are set for sprinklers to water 4 times /day for landscaping and sod planted at newly completed townhomes. 6) Timers turned off in areas where repairs or replacement parts are needed for long periods of time while waiting for parts delivery resulting in dead plants, shrubs, sod and grass seeded areas due to lack of irrigation. 7) Defective Rain Sensor not operating properly to regulate irrigation during times of heavy rains resulting in localized flooding throughout the development. Like for -like replacement of hard -wired rain gauge required. Wireless Rain gauges are not preferred. 8) Valve control boxes are leaking below grade on a continual basis, north side. See Appendix Section 2: Irrigation Photos for various irrigation system photos. Conduct an audit of the Irrigation System using a Certified Landscape and Irrigation Auditor (CLIA) to determine actual distribution uniformity, water useage, and watering schedules. Based upon audit results and actual installation, prepare and certify "As- Built" Drawings of the Irrigation System. These plans should clearly illustrate numbered zones, remote control valve locations, water main locations, sprinkler head locations, water tap locations, and communication junctions. Provide decoder number /addresses that coincide with the controller. Provide clear notes on controller programming logic for irrigation zones and timers. Specify zone timer initial and final frequency settings for newly landscaped areas. Page 10 SECTION 2 Demonstrate basic controller operation and rain gauge sensor robustness. Use "As- Built" Drawings during Irrigation System commissioning with the HOA, Provide a manual for the controller and include a remote control controller since this feature will expedite servicing of the system in the future. Page 11 SECTION 3 Building and Infrastructure Defects Issue 3.0 Construction Defects and Deficiencies The HOA Board contracted Gribbs and Surette of Carmel, Indiana to inspect the exterior and grounds of the 22 completed buildings. The site inspection was completed during the week of July 26th. The scope of work also included a visual inspection of the development's infrastructure of such items as drainage, roads, sidewalks, etc. The exterior of Building 13 will be inspected when it is completed. The Inspection found and documented several "Major Repair and Safety Hazards" and many "General Repair" defects. These are detailed and discussed in Appendix Issue 3.0: Building Defects, which is a complete copy of the Report. Solution Proposed Solution Pulte Homes is to correct all discrepancies and defects at their cost and in a very timely manner. Issue 3.1 Severe Drainage Problems Street and Buildings 17 18 Street drainage is a problem where the streets have been terminated without proper curbs, resulting in an abundance of street water draining onto lawn areas rather than into street culverts. Additionally, numerous erosion mats placed over street drains have never been removed when construction was completed in the area. This causes localized ponding and standing water on the streets within the development during times of heavy rain or increased irrigation activity. Refer to Appendix Issue 3.1: Street Drainage. Between Buildings 17 and 18, there is a severe standing water problem. The sidewalk has been replaced once and is again badly water stained. The area is not graded correctly to allow natural surface drainage to the lawn catch basins. The problem is further compounded by excessive rain gutter run -off directly onto-- the sidewalks. See Appendix Issue 3.1: Drainage Bldgs 17 -18. This situation potentially creates a huge injury liability for the HOA in the wet seasons and a burdensome sidewalk ice situation in the winter months. Downspout roof drainage is another area of particular concern. Several buildings have inconsistent or missing downspout drainage areas. As the buildings were phased in, construction contractors did not follow a proper drainage design program. See Appendix Issue 3.1: Downspout Drainage for photos. Page 12 Solution Proposed Solution Solution Proposed Solution SECTION 3 Pulte Homes is to provide an engineering study to address the drainage problems between Buildings 17 and 18 and facilitate completion of the required surface grading and in- ground drainage necessary to alleviate this dangerous situation. All street terminations should be curbed in a similar fashion, with the standard curbing used on the sides of the roads which provides for proper street water containment and drainage. Remove all erosion mats from street drains where construction has been completed. Issue 3.2 Carmel Clay Parks and Greenways Monon Trail Greenway Access Path Traditions on the Monon has a paved access path connecting the development to the City's Monon Trail Greenway which is unfinished and hazardous due to pavement edge drop off. Pulte Homes is to provide clean fill soil suitable for landscaping on both sides of the pathway as it joins the Monon Trail. Plant suitable perennial plants that blend with the natural surroundings of the Monon Greenway such as hostas, grasses, or daylillies to both sides of the pathway and mulch the beds. Cool Creek Easement The City of Carmel acknowledged that it has been working with Pulte Homes on the creation of a Cool Creek easement that runs through the northwestern portion of the Traditions on the Monon property. At the present time, there is still much uncertainty with respect to Pulte's responsibilities concerning the easement and a resolution with the City of Carmel remains indeterminate. Solution Proposed Solution The solution to this issue is two -fold: (1) Pulte Homes must assume all the pertinent responsibilities associated with this easement to the satisfaction of the City of Carmel and (2) Pulte Homes must work with the City to ensure that all easement unresolved issues and actions required, legal or otherwise, are completely settled prior to the completion of the Community. The HOA Board requests written documentation from the City of Camel indicating the resolution of all Cool Creek easement issues with Pulte Homes and what responsibilities will be transitioned to the Traditions on the Monon HOA as a result of these agreements. Page 13 Solution Proposed Solution SECTION 3 Issue 3.3 Pet Waste Disposal Stations The high density of residents within the Traditions community, coupled with a disproportionate lack of green space, has resulted in problems with pet waste being indiscriminately left on the grounds throughout the development. Consequently, much of the available green space surrounding common areas for walking dogs has been damaged or littered with waste due to a lack of disposal options. Furthermore, this diminishes the aesthetic quality of the visible green space and presents an annoyance to residents, visitors and prospective new homeowners when walking through the development. Purchase and place "Pet Waste Stations" throughout the development. These can be of a similar design as those located along the Monon Trail. While we acknowledge that the proper disposal of pet waste is the responsibility of the pet owner, the design of the community green space does not assist in this. The simple placement of five Pet Waste Stations in strategic locations (to be mutually determined by the HOA and Pulte) will significantly reduce costs for the replacement and maintenance of grass and /or sodded areas while improving the noticeable appearance of the area. The HOA Board has obtained price quotes for Pet Waste Stations and estimates a cost of approximately $300 per installed station. The HOA Board requests that Pulte Homes purchase and install five Pet Waste Stations to keep the development clean and green. Issue 3.4 HVAC Lower Level Cold Air Return The three level townhome units at Traditions on the Monon experience a major temperature differential between each of the three floors. HVAC cold air return ducts were not originally installed at the time of new construction on many of the townhomes. Recently, Pulte Homes has installed some cold air returns in townhomes, but only upon the request of homeowners who have complained about the excessive colder temperatures on the ground floor in comparison to the upper floors. Solution Proposed Solution Pulte Homes should prepare an inventory of units where the lower level cold air returns have been installed. In lieu of an inventory, Pulte could provide a contact number or hotline dedicated to HVAC Cold Air Return installation and have a process in place to accommodate affected homeowners. Once the hotline has been established, the HOA Board can provide the information to all homeowners. Those impacted can contact Pulte via the dedicated hotline to schedule installation of the lower level HVAC Cold Air Return. Page 14 Issue 3.5 Chinese Manufactured Sheet Rock Products The Traditions HOA members are not in a position to know if any of the townhome units constructed at the Traditions on the Monon development contain any Chinese manufactured sheet rock products. The HOA is concerned about possible use of Chinese manufactured sheet rock products and the associated health hazards attributed to these materials that could adversely impact residents. Solution Proposed Solution SECTION 3 Pulte Homes has the ability to question all sub contractors to determine if they have used any of the questionable sheet rock products at any time during the construction process. Pulte Homes is to certify in writing that no Chinese manufactured sheet rock products were installed in any homes at Traditions on the Monon. Alternatively, identify which townhomes have had these sheet rock products installed and provide proactive, proper removal and replacement of these hazardous materials. Issue 3.6 Building and Infrastructure Warranty Information Much of the infrastructure and many of the buildings at the Traditions development may identify defects in the future. Construction records and as -built drawings are currently available, but there is concern that they may be inadvertently destroyed or filed for retention in a remote location that is not readily accessible. An understanding of actual written warranties and their implications to the Traditions homeowners is prudent for an investment of this magnitude. Solution Proposed Solution Pulte Homes will deliver a listing of major sub contractors, contact information, work performed by building location, a detailed warranty disclosure, and certified "As- Built" drawings to the HOA Board for proper record- keeping and retention of the construction completed at Traditions on the Monon. Issue 3.7 Mailbox Tipping Hazard and Resident Safety The communal mailbox structures are sitting on a 2 ft by 2 ft concrete pad approximately 2 -3 inches thick. There is no frost -proof foundation anchoring the pad. Ground freezing will cause the mailboxes to tilt as they settle to become unstable and unsightly with time. However, the major issue is the liability for potential physical harm due to the tipping of the boxes over on their sides. These mailboxes can be tipped inadvertently by someone leaning against them, if a vehicle were to hit them or even by vandalism. The metal boxes typically weigh in the range of 500 -600 pounds and will inflict serious bodily damage or even death to children or adults if they fell on top of someone in the development. See Appendix Issue 3.7: Mailbox Tipping for photos of this dangerous situation. Page 15 Solution Proposed Solution SECTION 3 Temporarily secure the mailbox structures immediately to avert any potential injury to the residents. Due to the magnitude of the safety hazard mailbox tipping imposes, frost -proof anchored concrete footings must be poured as soon as possible. The mail boxes will then be bolted to the concrete anchor footings. Issue 3.8 Gas Pipeline Sign Posts Numerous randomly located, large yellow plastic posts marked with "Gas Pipeline" are all over the development; some laying in the mulched beds while others are laying in the middle of lawns or on sidewalks. Some are vertically planted into the ground or in the center of a shrub. Their purpose is unknown since many do not actually mark the location of a gas pipeline. Their condition is questionable, they are large, unsightly and their value in the time of an emergency doubtful. Were these sign posts placed throughout the development to mark the gas pipeline locations during construction to indicate the hazard to the builder? These signs detract from the curbside appeal of the townhome units since they are so large and bright yellow. Many are visibly damaging the landscaping, or otherwise appear to be construction litter. Solution Proposed Solution Determine the need for such obtrusive gas line notification throughout the development. If marking the location of gas pipelines is absolutely necessary after construction has been completed, determine the quantity needed, and work with the gas company to provide smaller, consistent markers which do not detract from the appeal of the landscaped townhome units. If the large, yellow sign posts are not required, remove them from the property. Issue 3.9 Exterior Satellite Dish Mounting Locations Section 4 of the PUD, "Communication Equipment indicates that "Home satellite dishes shall be permitted Article 10.21, "Television Reception" of the "Declaration of Covenants, Conditions Restrictions For Traditions on the Monon indicates that satellite dishes are permitted, but the installation and_ location must have prior written approval of the Association's Architectural Reviewer. The specific location for installation of a satellite dish is not specified, other than it must be installed on the owner's townhome. Throughout the development, satellite dish mounting locations vary from one townhome unit to another, with some mounted on rear balconies while others were installed on the roof. Some townhome units have multiple dishes mounted on rear balconies providing a "Hong Kong vista" and an unsightly view to other residents using their rear balconies. The developer controlled HOA did not provide consistent rules for the review and approval of mounting satellite dishes on the exterior of buildings. Many residents were told by the Association that satellite dishes could only be mounted on the rear decks, regardless of whether or not reception could be achieved from this location. Residents who complied with the Architectural Review process and gained approval to install a satellite Page 16 Issue 3.10 Final Asphalt Top Coat dish on the roof, since it was the only location possible for reception, were later told by OMNI Management Services to remove them or face financial consequences. Solution Proposed Solution SECTION 3 Due to the unsightly appearance of satellite dishes mounted an rear decks, which detracts from the curbside appeal of the development, the mounting of satellite dishes on the roof provides a less obtrusive mounting location and facilitates television reception for all homeowners. Since residents were told by the developer controlled association managed by OMNI that satellite dishes were only to be placed on rear decks, this violates Article 10.21 of the Covenants. Consequently, Pulte and OMNI Management Services are to provide for relocation of all current satellite dishes mounted on rear decks to the respective roof of the townhome owner. The proper, professional installation materials and costs will be the responsibility of Pulte and OMNI Management Services. A small portion of the final asphalt top coat layer has been in place for 3 -4 years. The quality of this original top coat is poor and unfinished around all roadway drains and valve boxes. On 3 Ave NW, the west final grade matches the driveways while directly across on the east side, the final grade is 2 inches below the driveways. This has resulted in driveway concrete damage. See Appendix Issue 3. 10: Roadway Asphalt Top Coat for photos which provide a visual view of this situation. The estimated 80% remaining of final asphalt top coat must be applied when Building 13 heavy construction is completed. Solution Proposed Solution Pulte Homes will reapply asphalt to all damaged areas of the original final top coat including areas where the top coat was improperly applied as well as areas lacking installation, such as around drainage and valve box structures. All driveway concrete damage must be cut out and repaired. It is desired to have a uniform appearance to all roads in the development when the final asphalt top coat layer is applied. Issue 3.11 Street Signs, "No Parking" Signs, and "Private Property" Signage There is at least one missing street sign in the Traditions on the Monon development: Monon Lane. Additionally, signage is required for "No Parking" designated areas. "Private Property" signs are needed to deter non- residents from parking in random locations throughout the development while using the Monon Trail. Page 17 Solution Proposed Solution Issue 3.12 Parking Space Lines Solution Proposed Solution Issue 3.13 Culvert Drain Erosion Solution Proposed Solution SECTION 3 Pulte Homes is to prepare a comprehensive development -wide signage plan. Sign are to be installed as the plan dictates. Signs are to be in accordance with the existing sign architecture. Parking spaces are not defined with white lines resulting in haphazard parking patterns often impacting driveway accessibility for residents due to vehicles blocking driveways and narrow streets in the development. Designated parking spaces should be painted with standard white lines after the final asphalt top coat has been applied. "No Parking" areas should be clearly marked with appropriate signs that match existing signs in the development, as noted in Issue 3.11. The major portion of the drainage catch basins for the entire complex drain through three culvert outflows into Little Cool Creek. These three drainage culverts were not properly constructed with rip rap stone to prevent erosion and water back up into the culverts. The City of Carmel's Engineer has indicated that there is a performance bond for this work area. It does not appear as though a thorough inspection was previously conducted. See Appendix Issue 4.13.' Culvert Erosion for photos. The City of Carmel should inspect the culvert exits to ensure that standard rip rap erosion control materials are installed as required by Pulte Homes. Issue 3.14 Front Door Thresholds Gaps During the exterior building inspection, various degenerative conditions of the front door thresholds were observed. These include loose support boards, missing support boards, large gaps around support boards, lack of sealant, wide cracks at the door threshold base, and openings along the foundation. Also, the cement threshold pad has shifted leaving substantial gaps between it and the building. These gaps do not appear in the model homes nor any of the recently completed buildings. In many cases, the foundation slab is fully exposed. The major concern with this defect is invasive intrusion from water and air, as well as insects or small rodents. Mice have infiltrated one of the townhomes and perished in the drywall of the ground floor. Other homeowners are experiencing ant invasions requiring professional extermination tactics. Excessive exposure of the foundation to moisture can lead to mold and other detrimental conditions. The lack of sealant along the foundation may also contribute to cold air infiltration into the ground floor interior during the winter further exacerbating temperature Page 18 differentials between the three floors and impacting the thermal efficiency of the townhomes. Photos are shown in Appendix Issue 4.14: Front Door Thresholds. Solution Proposed Solution SECTION 3 Pulte is to conduct an engineering study to determine the most effective method to repair the gaps in the impacted front door thresholds and seal the foundation. A timely resolution of this matter prior to the upcoming winter season would be greatly appreciated by the homeowners. Page 19 SECTION 4 Landscaping Defects Issue 4.0 Grounds Landscaping Installation and Deviations from Plans The installed landscaping is not in accordance with Section 8 of the Planned Unit Development (PUD) document which was signed and approved by the Carmel City Council in December 2004. Additionally, installed landscaping to date does not adhere to the Landscape Plan and Planting Schedule specifications for the Traditions on the Monon development. This plan was approved by the City of Carmel in March 2005. Following a City of Carmel Department of Community Services Landscape Inspection on July 20, 2010, Urban Forestry found that numerous trees and shrubs were missing and that many of the plants were not properly installed. Further, Urban Forestry documented that the missing "plant material will need to be installed according to the plan..." Reference Appendix Issue 4.0: Landscaping Letter to Pulte Homes from the City of Carmel. There are several sheets associated with the official Landscape Plans for Traditions on the Monon. The Overall Site Landscape Plan is shown on Sheet L1.0, the Building Landscape Plans are shown on Sheets L1.1 Li .2, the Common Areas Landscape Plan is shown on Sheet L1.3 and Sheet L1.4 is Landscape Details and Notes. Site Landscape Plan, Sheet L1.0 The Development Plan for Traditions on the Monon was prepared by EMH &T Inc. (Evans Emhart, Hamilton Tilton, Inc.) located in Indianapolis, IN for Centex Homes on January 12, 2005. The plans were approved by the City of Carmel in March 2005. The Site Landscape Plan provides a Planting Schedule indicating the quantity, botanical name and common name of all shade trees, evergreen trees and ornamental trees with a key to the layout specifying the location of each tree. Common Areas Landscape Plan, Sheet L1.3 The Common Areas Landscape Details provides a planting schedule for the Entrances, Traffic Circle, North and South Commons that indicates quantity, size, botanical name, common name and location key for shrubbery and perennial plantings. Page 20 SECTION 4 City of Carmel Landscape Inspection Urban Forestry found more than 50 trees and 80 ornamentals /evergreens were found to be missing, excluding the final building currently under construction. Reference Appendix Issue 4.0: Landscaping Inspection. Solution Proposed Solution Renovate existing landscaping according to the Landscape Plan following PUD guidelines with the City of Carmel and Traditions on the Monon HOA approval. Plant all missing trees and shrubs according to the approved Landscape Plan. Provide a letter of change noting any changes from the Landscape Plans for review and approval by the City of Carmel Urban Forester. Issue 4.1 Building Landscape Plan Deviations Building Landscape Plans, Sheets L1.1 and L1.2 Sheet L1.1 specifies the entrance plantings for individual building units whereas Sheet L1.2 specifies the garage apron plant panels. The individual building plantings are keyed to a unit reference number. The Plant Schedule for Individual Units indicates the size, botanical name, common name and location key for shrubbery and perennial plantings. City of Carmel Landscape inspection Upon review of the building landscape plans, Urban Forestry noticed that the plantings "are completely different than what the plan dictates." Observed Building Landscape Defects 1. Plant Choices Many of the plants and shrubs planted at Traditions on the Monon were not in alignment with the Planting Schedules in the Landscape Plans. In many cases, plant choices were neither robust nor appropriate for many of the site planting conditions. Alternate choices for foundation plantings. such as Holly, Burning Bushes and Daylilies, were planted in heavily shaded areas or overly wet beds with poor drainage. Daylilies require at least 6 hours of full sun to bloom and require rich, moist well drained soil. Most plants, particularly Daylilies, do not do well in clay or waterlogged foundation areas, as shown in the Appendix Section 4.0: Landscaping Photos, The Landscape Plans call for "Big Blue" Lilly Turf (Lirope muscari "Big Blue which is an attractive border grass with small, purple spike flowers, typically used to fill in areas needing foliage or groundcover. They prefer part -shade locations and can even tolerate full shade, whereas the daylilies require full sun. No "Big Blue" Lilly Turf has been planted anywhere in the development. Page 21 SECTION 4 On Sheet L1.4 of the Landscape Plans, the following is displayed in a large box: "Note to Contractors: When bidding on landscape plan, do not make any substitutions on size or variety of plants. After bids have been awarded, any substitutions which need to be made must be authorized by the landscape architect." On the same sheet, under "Inspection and Acceptance: When inspected work does not comply with requirements, replace rejected work and continue specified maintenance until re- inspected by Landscape Architect and found to be acceptable. Remove rejected plants and materials promptly from project site In this case, the Landscape Architect role would be the City of Carmel Urban Forester. In Appendix Issue 4.0: Landscaping Letter Pulte Homes from the City of Carmel, the Review Comments state the following: "This (missing) plant material will need to be installed according to the plan or a letter of will need to be made noting the changes and then approved by the Urban Forester." 2. Uniformity of Planting In Section 8.1 of the PUD, under "Planting Standards it states: "Landscaping materials shall be appropriate to local growing and climatic conditions. Plant suitability, maintenance, and compatibility with site construction features are critical factors that should be considered. Plantings should be designed with repetition, structured patterns, and complimentary textures and colors, and should reinforce the overall character of the area." This non uniformity is especially evident in the garage apron plant panels of each individual building. Sheet L1.2 of the Landscape Plan specifies Purple Leaf Euonymus (Wintercreeper), which is an excellent groundcover with deep green summer foliage that turns plum color in winter. Euonymus fortunei 'Coloratus' requires little care or maintenance and would have provided good erosion control between the garages of each unit, since it forms a dense, weed- smothering ground cover. However, actual plantings in most of Garage apron plant panels include an Arborvitae close to the building foundation with grasses or yews filling in the remainder of the area. The plant choices are inconsistent, particularly with Arborvitae not being planted at several of the building units. Additionally, if the grasses or yews died, they were removed, but never replaced which exemplifies the non repetitive appearance throughout the development. See Appendix Section 4 Landscaping Photos SECTION 4 The Arborvitae species chosen is posing numerous concerns throughout the development. Depending on variety, Arborvitae can grow to 60' high and 15' wide. Many of these plants in the first 3 buildings of the development are already at a height of 25' or more. Arborvitae cannot be pruned back, so their upper foliage is now growing beneath decks, and they are too wide for the narrow space between townhomes where they are planted. Dead areas in these shrubs result in bare foliage and holes that never recover. They are extremely prone to insects, particularly bagworms and /or mites. The HOA has paid the Mainscape Landscapers approximately $1750.00 per year for 3 applications /yr. of insecticide to mitigate bagworms on Arborvitae and mites on Burning Bushes. The insecticidal spray can be harmful to birds and other wildlife that live in shrubs, especially the young, which are most vulnerable to toxins. Once the insecticide application has dried, there is little danger; but can spraying insecticide all over the development be toxic to young children if they were exposed or touched the plants when they were still wet? Also, there are no sprinklers or source of water for regular watering of the arborvitae; architectural design has a rain spout draining into most, but not all, garage apron spaces as the primary source of water for these plantings. The ornamental grasses planted between garages are a multitude of varieties. Many are getting too large and growing into driveways. In the last few buildings constructed, a more erect grass type has been chosen that is attractive and doesn't overgrow the available space. Ornamental grasses or shrubs that have died have been removed from the space between garages, but never replaced, impacting the appearance of our development. There are no structured patterns or complimentary textures that enhance the area, as required by the PUD. 3. Preparation of Garage Apron Areas for Plantings The garage apron plant panels have not been prepared properly by construction or the landscapers for the planting of trees, shrubs or grasses. There has not been any topsoil backfill and due to construction debris, many of the plants were not planted as detailed by the Landscape_ Plans. See Appendix 4.0: Landscaping Photos. Additionally, refer to Landscape Details and Notes, Sheet L1.4 where Note 2. Under "Materials" specifies "Backfilling of Planting Pits and Planting Beds: Use backfill as specified herein as a mixture containing 1 part topsoil and 2 parts soil excavated from the beds. Planting pits and beds shall be backfilled carefully to fill voids and avoid breaking or bruising roots. Tamp backfill firm to prevent settlement.." Page 23 Due to the condition of these garage apron areas, the current Landscape Company, Mainscape, maintains that they cannot plant anything in these areas because "they were not prepared properly no soil to plant shrubs in, unable to dig through stones and construction debris, poor planting conditions, and the "beds are not recommended and/or do not meet standards Therefore, if plants are missing, perish, or are damaged, they will not be replaced due to the reasons stated above. Section 8.2 of the PUD requires maintenance of project landscaping to be conducted in accordance with the Traditions on the Monon Ordinance and includes, "but not limited to, irrigation and mulching of planted areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds." Solution Proposed Solution SECTION 4 Prepare all planting beds and garage apron areas as described in the Landscape Details and Notes, Sheet L1.4. Plant consistent and repetitive structured plant patterns throughout the development, as required by the PUD. Plant Arborvitae at each garage apron area of each building where missing or damaged, or remove all Arborvitae and replace with a suitable alternative obtaining prior approval from Urban Forestry of the City of Carmel Department of Community Services and the Traditions on the Monon HOA. Ensure all other garage apron and building foundation plantings are repetitive and the appropriate variety for the growing conditions. Comply with the Traditions on the Monon Ordinances detailed in Section 8 of the PUD, "Landscaping Issue 4.2 Improper Planting Procedures per Standards In Section 8 of the PUD, the community landscaping requirements are documented in Sections 8.1 8.6, and include Planting Standards, Maintenance, Building Base Landscaping, Perimeter Planting /Buffer Yard, Interior Plantings and Tree Conservation. The Planting Standards mandate that "All trees, shrubs and ground covers shall be planted according to accepted horticultural standards." The City of Carmel Landscape Inspection found that "many of the plants are not properly installed Reference Appendix Issue 4.0: Landscaping Letter to Pulte Homes. Planting details were provided that would suffice in lieu of Landscape Plans Sheet L1.4 "if not specifically detrimental to the plant material because of site conditions See Tree Planting Detail of Appendix Issue 4.2 Landscaping Tree Planting Detail Finally, Urban Forestry concluded that "all existing plants and all newly planted material shall be addressed as to correct the improper mulching and installation Refer to Appendix Issue 4.2: Landscaping Mulching Standards. Page 24 SECTION 4 Trees: Planting and Mulching Many trees throughout the development were placed into the ground without removing the ties or burlap, as required by the Landscape Plans and tree planting standards. Landscape Details and Notes, Sheet L1.4, clearly depicts the tree planting schematics and states that the root flare must be set at 6" to 8" above grade, to remove the rope at the top of the ball, and the top one -third of burlap from deciduous, evergreen and ornamental trees. This is also per the Tree Planting Detail, provided by the City of Carmel. Additionally, in Appendix Issue 4.0: Landscaping Letter to Pulte Homes, Urban Forestry states "The planting details on L1.4 should be followed." See also Appendix Section 4: Landscape Photos. The mulching technique employed on all trees planted at Traditions on the Monon is incorrect and observation shows that this method is detrimental to their health. Evidence of this can be seen in Appendix Section 4: Landscape Photos. The proper mulching technique is clearly outlined in Appendix Issue 4.2: Landscaping Mulch Standards. Shrubs and Ornamentals: Planting Numerous shrubs and ornamentals have been improperly planted as can be seen in Appendix Section 4: Landscape Photos. Landscape Details and Notes Sheet L1.4 clearly indicates and illustrates the removal of ties and the top one -third of the burlap placed around the ball. See "Multiple Shrub Planting Detail" on Sheet L1.4. General Notes and Specifications on this sheet also detail materials, soil preparation, and backfill requirements to properly plant shrubs and ornamentals. Solution Proposed Solution Remediate all existing improperly planted trees, shrubs and plants to accepted horticultural standards, as required by the PUD and the Landscape Plans. Correct improperly mulched trees and ornamentals throughout the development following the City of Carmel's "How to Mulch.. Standards" previously referenced. Page 25 Issue 4.3 Removal of Dead Trees Solution Proposed Solution SECTION 4 Maintenance of the project landscaping in Section 8.2 of the PUD requires replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds." Refer to Appendix Section 4: Landscape Photos. Also, Urban Forestry identified a "large dead spruce" along 10 St NW as documented in Appendix Issue 4.0: Landscaping Inspection. In Section 8.6 of the PUD, "Tree Conservation it states that "Existing trees as identified on the Conceptual Landscape Plan as "Tree Conservation Area" shall not be removed from the Real Estate except as follows: 1. As is necessary to clear underbrush and dead trees; There are several tall, mature dead trees located in the Tree Conservation Area by Little Cool Creek which have not been removed to date by the developer. See Appendix Issue 4.3: TCA Dead Tree Photos. Pulte Homes is to prepare a dead tree inventory at Traditions on the Monon. Upon gaining the approval of Urban Forestry, Pulte will facilitate removal of all dead trees identified throughout the development and in the Tree Conservation Areas. Concurrently, all construction debris and trash remaining in areas of the development that have been completely built out will be cleaned up and the landscaping areas impacted will be restored to the designated condition outlined in the Landscaping Plans. Page 26 SECTION 5 HOA Funds Management Discrepancies Issue 5.0 HOA Payment of Invoices Attributable to Pulte Homes An analysis was performed on the invoices from the landscaping maintenance company, Mainscape, charged to the Traditions on the Monon HOA from May /June 2007 through May 2010. See Appendix Issue 5.0: Mainscape Invoice Analysis. Many of the invoices reviewed appear to be the financial responsibility of the builder, Pulte Homes. An Excel spreadsheet was compiled with all the data which includes: invoice number check number, amount, and comments by the landscaper, etc. A basic analysis of the costs incurred was performed by the current HOA Board at the start of the transition period. This spreadsheet is contained in Appendix Issue 5.0: HOA Funds Management. Some of the conditions leading the HOA Board to believe that the invoiced charges were the responsibility of the builder are as follows: Replacement of irrigation system parts damaged by Pulte (stated on the invoice Replacement of other irrigation system parts Irrigation maintenance on the non functional system Installation or replacement of original plantings (responsibility of Pulte) This detailed analysis indicated that the total for these invoice charges was $20,251 as summarized in Appendix Issue 5.0: HOA Funds Management. Solution Proposed Solution Pulte Homes to provide for an independent certified audit of the HOA funds during the period that the HOA was developer controlled and directed. The procedures should include, but not be limited to, a financial statement audit for all years from inception to current and a review of all HOA fund expenditures to validate that all payments were the legal obligation of the HOA. Any and all documented use of HOA funds to pay for developer construction costs, whether initial or construction damage related, will be reimbursed to the HOA account by the developer; for example, the $20,251 outlined above. Issue 5.1 Lack of Developer Controlled HOA Records During the period from Date of Incorporation of the HOA on October 14, 2005 to July 6, 2010 when the new homeowners' controlled HOA Board Members were recorded by the State of Indiana records of the developer controlled HOA have not been transferred to the new Board. The property management company, OMNI Management Services, has provided some, but not all, of the required documents and records. Page 27 Solution Proposed Solution SECTION 5 The Declarant, Pulte Homes, should deliver all relevant remaining HOA documents as requested by the new HOA Board of Directors. For example, but not to be totally inclusive: Documentation supporting all meetings minutes Documentation regarding covenant enforcement and design review All personal property of the association Copies of plans /specifications used in construction of common elements All warranties in effect Assignment or delegation documents indicating any transfer of responsibility from HOA Board members to others Signature cards and banking resolutions Provide all financial records and statements of Developer controlled HOA from October 14, 2005 to July 6, 2010. Documentation regarding all liens and claims with regard to the Traditions on the Monon HOA since Date of Inception of Oct. 14, 2005 Page 28 Traditions on the nionon CarmeC, Indiana Appendix Appendix Preface: PUD Z- 464 -04 Appendix Pulte Punch List 4 -28 -10 Appendix Issue 1.0: Driveway Parking Appendix Issue 1.6: Parking Ratios Appendix Issue 2.0: Irrigation Charges Appendix Issue 2.1: Irrigation Photos Appendix Issue 3.0: Building Defects Inspection Appendix Issue 3.1: Drainage Bldgs 17 -18 Appendix Issue 3.1: Street Drainage Appendix Issue 3.1: Downspout Drainage Appendix Issue 3.7: Mail Box Tipping Appendix Issue 3.10: Roadway Asphalt Top Coat Appendix Issue 4.13: Culvert Erosion Appendix Issue 4.14: Front Door Thresholds Appendix Issue 4.0: Landscaping Inspection Appendix Issue 4.0: Landscaping Letter to Pulte Appendix Section 4: Landscaping Photos Appendix Issue 4.2: Mulching Standards Appendix Issue 4.2: Tree Planting Details Appendix Issue 4.3: TCA Dead Tree Photos Appendix Issue 5.0: Mainscape Invoice Analysis Appendix Issue 5.0: HOA Funds Management Page 29 WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z -289 (the "Carmel /Clay Zoning Ordinance provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. 36 -7 -4 -1500 et seq.; WHEREAS, the Carmel/Clay Plan Commission (the "Commission has given a unanimous favorable recommendation to the ordinance set forth herein (the "Traditions on the Monon which establishes the Traditions on the Monon Planned Unit Development District (the "District NOW, 'THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel, Indiana (the "Council that (i) pursuant. to IC §36 -7 -4 -1500 et seq., it adopts this Traditions on the Monon Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in full force and effect from and after its passage, (ii) all prior commitments shall be null and void and replaced and superseded by this Traditions on the Motion Ordinance, and (iii) this Traditions on the Morton Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section 1 Applicability of Ordinance Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part oldie Carmel /Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit "A" (the "Real Estate as a Planned Unit Development District to be known as the Traditions on the Monon. Section 1.2 Development in the District shall be governed entirely by (i) the provisions of this Traditions on the Monon Ordinance and its exhibits, and (ii) those provisions of the Carmel /Clay Zoning Ordinance specifically referenced in this Traditions on the Monon Ordinance. In the event of a conflict between this Traditions on the Motion Ordinance and the CarrnelUClay Zoning Ordinance or the Sign Ordinance, the provisions of this Traditions on the Monon Ordinance shall apply. Section 1.3 Any capitalized term not defined herein shall have the meaning as set forth in the Carmel /Clay Zoning Ordinance in effect on the date of the enactment of this Traditions on the Monon Ordinance. ORDINANCE NO Z- 464 -04 Sponsor: Councilor Rattermann AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE Traditions on the Monon PLANNED UNIT DEVELOPMENT .DISTRICT Section 4 Communication Equipment. Cell towers shall not be permitted. Home satellite dishes shall be permitted. Section 2 Permitted Uses Permitted uses are townhomes, condominiums and /or multi family dwelling units. Section 3 Accessory Buildings and Uses All Accessory Structures and Accessory Uses shall be permitted except that any detached accessory building shown in any development plan shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. Section 5 Platting The platting of the Real Estate into smaller tracts shall be permitted, so long as the proposed plat complies with the area requirements set forth below in Section 6, and the creation of a new property line within the Real Estate shall not impose or establish new development standards beyond those specified below in Section 6 for the entirety of the Real Estate. However, the development of any parcel shall conform to the requirements of Section 13 below, and all other applicable requirements contained in this Traditions on the Monon Ordinance. Section 6 Height and Arca Requirements Maximum Building Height: The maximum Building Height is thirty -eight Section 6.1 (38) feet. Section 61 Minimum Building, Set Back: The minimum Set Back from the perimeter boundary line of the Real Estate contiguous with Smokey Row Road shall be fifteen (15) feet, and along the north property line of the Real Estate the minimum Set Back shall be ten (10) feet, along the west property line of the Real Estate the minimum Set Back shall be ten (10) feet, and along the east property line of the Real Estate, the Minimum Set Back shall be ten (10) feet. Section 6.3 Minimum Building Separation. The minimum building distance between Buildings, measured from the exterior face of the foundation, shall he ten (10) feet. Section 6.4 Density. There shall be a maximum of one hundred and forty (140) units on approximately 12.21 acres. Section 6.5 Square Footage of Townhome Units. The minimum square footage for an individual Townhome unit shall be one thousand four hundred (1,400) square feet, exclusive of any garages. Section 7. Conceptual Building, I'ypes Section Architectural DesigniLeguirements. A. Roof design: All roofs, except for open porch roofs, shall have a minimum slope of 12 horizontal to 8 vertical. B. Building rendering and elevations: Attached hereto and incorporated herein by reference as Exhibit "B" are conceptual building renderings of the Buildings to be constructed upon the Real Estate. All Buildings constructed upon the Real Estate shall include Masonry as the primary building materials excluding but not limited to doors, soffits, trim, windows, gables and roofs. Section 8 Landscaping Attached hereto and incorporated herein by reference as Exhibit "C" is the conceptual landscape plan (hereafter "Conceptual Landscape Plan Section 8.1 Planting Standards. Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate, such as hardscape materials, paths, sidewalks, or any water features. Deciduous trees planted to satisfy the landscaping requirements of this Ordinance shall have at least a two and one -half inch (2 -1/2 Caliper and seven foot (T) height at the time of planting, unless otherwise specified herein or otherwise indicated on the Conceptual Landscape Plan. Evergreen trees shall be a minimum of six feet (6') in height at the time of planting. Shrubs shall he two (2) feet in height at the time of planting_ All trees, shrubs and ground covers shall be planted according to accepted horticultural standards. Landscaping materials shall be appropriate to local growing and climatic conditions. Plant suitability, maintenance and compatibility with site construction features arc critical factors that should be considered. Plantings should be designed with repetition, stnictured patterns, and complementary textures and colors, and should reinforce the overall character of the area. Section 8.2 Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping approved in accordance with this Traditions on the Monon Ordinance. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. Section 8.3 Building Base Landscaping. The building base landscaping around the buildings shall include a minimum of twelve (12) shrubs. Additionally, there shall be a minimum of two (2) shade trees per unit between the unit and the sidewalk, if the necessary area for planting is available. If a shade tree can not be planted between the unit and the sidewalk, that shade tree will be planted al an alternate location on the site, Section 8.4 Perimeter Planting/Buffer Yard. The perimeter planting and buffer yard planting shall be in accordance with Section 26.04 Perimeter Buffering Requirements of the Zoning Ordinance. Section 8.5 Interior Plantings. Adjacent to any entry drive, for each one hundred (100) linear foot increment, there shall be a minimum of three (3) shade trees, two (2) ornamental trees and ten (10) shrubs. For any common areas adjacent to a parking area, plantings shall be in accordance with Section 26.04 Perimeter Buffering Requirements of the Zoning Ordinance. Section 8.6 Tree Conservation. Existing trees as identified on the Conceptual Landscape Plan as "Tree Conservation Area" shall not be removed from the Real Estate except as follows: 1. As is necessary to clear underbrush and dead trees; 2. As is necessary for the installation of access easements, rights -of -way, streets, paths, sidewalks, and utilities and drainage improvements and infr astructure; and 3. As necessary for public health and safety. Section 9 Liahtin2 Reauirements A. Front of Townhome lighting: Each Townhome shall have one (1) light fixture near the door. 13, Rear of Townhome lighting: Each Townhome shall have a minimum of one (1) light fixture on the rear of each unit, however the light position(s) shall be consistent among all units. C. Street Lighting: Street lighting shall be provided near intersections of streets and alleyways and along the Monon Trail and 136 Street. D. Light Fixture Renderings: Attached as Exhibit "D" and Exhibit "E", respectively, and referred to herein as the Conceptual Wall Mounted Luminaries and Conceptual Pole Mounted Luminaries are renderings which depict the acceptable types of wall and pole mounted luminaries for the District. Section 10 Sins and Ent Wa 'Vvali Section 10.1. Ground Signs and Entry Wall, Type: At each entrance to the development, adjacent to both Smokey Row Road and Rangeline Road, Two (2) Ground/Entryway Signs shall be permitted, as is conceptually depicted on Exhibit "F" which is attached 1 hereto and incorporated herein by reference. One (1) entry wall is also permitted, not to exceed fifteen (15) feet in length, as depicted on what is attached hereto and incorporated herein by reference as Exhibit "F B. Maximum Sign Area: Twenty -four (24) square feet each. C. Illumination of Sign: External. D. Sign Permit: Required. E. Fees: Required. Section 11 Parking Section 11.1 Minimum Parking: Each Townhome shall contain a two (2) car garage and, in addition, there shall he guest parking provided within on- street parking spaces and other spaces to be provided on the site, as depicted on the Conceptual Plan and incorporated herein by reference as Exhibit "G Section 12 Homeowners Association and Declaration of Covenants Section 12.1 Declaration of Covenants and Homeowners Association: The Developer shall prepare and record a Declaration of Covenants which shall also contain various provisions regarding the Real Estate as determined by the Developer, including, without limitation, provisions for mandatory assessments and maintenance of common areas. The Declaration of Covenants will also provide for the establishment of a Homeowners Association in which membership shall be mandatory. Section 13. Approval Process Section 13.1. A iproval or Dental of the Priniary PlatjDeveio ?alert PIan, A. Exhibit "41 which is attached hereto and incorporated herein by reference, shall serve as the Conceptual Plan (the [".'P 1 lowiver, the CP does not constitute the approved Development Plan and primary plat "or the (teal Estate, nor does it constitute the approved architecture, design. lighting and landscaping for the Real Estate and the improvements thereon, considered in connection with the Traditions on the Monon Ordinance. Traditions on the Monon shall require further (i) ADLS approval and (ii) Development Plan/primary plat approval. The Final Development Plan approval procedures are set forth below in this Section 13. if there is a Substarttial Alteration in the approved ADLS and Development Plan /primary plat, review and approval of the amended plans shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor Alterations may be approved by the Director. B. The Director shall have the sole and exclusive authority to approve without ilppicve with condit!(3T'r3., r.;a" t t approve tllc H cvelopinent 1'l :ns Secondary fats (colles.:t',"cIv "FDP f t the Traditions on Ihe Morton: provided, however. thal the Director shall t rlfeasonably witl,hoki or .delay thy. Directors approval ihc: i'DP that ol'S ${11T to l2tri.l �041(Ot "t7iilice wil t OW CI and N conformance 44`rtl} ilw Development Requirements and Development Standards of this Traditions on the Monon Ordinance, if the Director disapproves any FDP, the Director shall set forth in writing the basis for the disapproval and schedule the request for approval of the FDP for a hearing before the full Plan Commission. C. An amendment to the FDP, which is not determined by the Director to be' a Substantial Alternation or Material Alteration from the approved CP, may be reviewed and approved solely by the Director. However, in the event the Director determines that there has been a Substantial AIteration or Material Alteration between the approved CP and any proposed FDP, the Director may, at the Director's discretion, refer the amended FDP to the Commission, or a Committee thereof, for review and approval by the Commission and/or a Committee thereof, D. The FDP shall be a specific plan for the development of all or a portion of the Real Estate that is submitted for approval to the Director, which shall include reasonable detail regarding the facility and structures to be constructed, as well as drainage, erosion control, utilities, and building information. Section 14 Definitions and Rules of Construction Section 14.1 General Rules of Construction. The following general rules of construction and definitions shall apply to the regulations of this Ordinance: A. The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. B. Words used in the present tense include the past and future tenses, and the future the present. C, The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word "should" is a preferred requirement. Section 14.2 Definitions Accessory Structure: A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy. B. Accessory Use: A use subordinate to the main use, located on the Real Estate or in the same building as the main use, and incidental to the main use. C. Building Height: The vertical distance from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansurd roof and the mean height between eaves and ridges for gable, hip and gambrel roofs. D. City: The City of Carmel, Indiana. f Commission: The Carmel /Clay Plan Commission, P Council: The City Council of the City of Carmel, Indiana. G. County: Hamilton County, Indiana. II. Declaration of Covenants: A Declaration of Covenants, Conditions and Restrictions for the Real Estate which shall be recorded in the office of the Recorder of Hamilton County, Indiana, and which may, from time to time, be amended. Plan, Conceptual. A general plan for the development of the Real Estate that is submitted for approval showing proposed facilities, buildings, and structures. This plan generally shows landscape areas, parking areas, site access, drainage features, and building locations and is depicted on Exhibit "G", which is attached hereto and incorporated herein by reference. J. Development Plan.. Final, A specific plan for the development of the Real Estate that is submitted for approval showing proposed facilities buildings, and structures. This plan review includes general landscaping, parking, drainage, erosion control, signage, lighting, screening and building information for the site. K. Development Requirements. Development standards and any requirements specified in this Traditions on the Monon Ordinance which must he satisfied in connection with the approval of a Final Development Plan, L. Developer. Buckingham Properties, Inc, and its successors and assigns. M. Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives. N. Homeowners Association: A nonprofit corporation established for the promotion of the health, safety and welfare of the residents of the Traditions on the Monon, and to manage, maintain, and repair the common areas within the Real Estate and any improvements located thereon. 0. Masonry: Masonry shall include brick, stone and/or stucco. R. Material. Alteration: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. Q. Minor Alteration: Any change to an approved plan of any type that involves the revision of Less than ten percent (101x) of the plan's total area or approved materials. R. Parcel Coverage: The total ground area, within the Real Estate, covered by buildings and accessory structures which are greater than eighteen (18) inches above grade level, excluding fences and walls not attached in any way to a roof, divided by the total horizontal area within the Real Estate boundaries- S. Real Estate. The Real Estate shall mean and refer to all of the Real Estate described in Exhibit "A T. Right of Way: An area of land permanently dedicated to provide light, air and access. U. Set Back: The least measured distance between a building or structure, excluding, however, porches, patios, and the perimeter boundary of the Real Estate. For purposes of determining Set Back, the perimeter boundary of the Real Estate (i) shall always mean and refer to the outside perimeter boundary tine of the Real Estate and (ii) shall not be changed or reduced by reason of the platting or subdivision of the Real Estate into smaller parcels. V. Ste: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for Carmel -Clay Township, Ordinance Z -195, as amended. W. Substantial Alteration: Any change to an approved plan of any type that involves the revision of ten percent (1O or more of the plan's total area or approved materials. X, Townhome: An attached dwelling intended for occupancy by a single family. Section 15. Violations All violations of this Traditions on the Monon Ordinance shall be subject to Section 34.0 of the Carmel /Clay Zoning Ordinance. PASSED by the Common Council of the City of Carmel, Indiana this c day of Q,'� P 2004, by a vote of c ayes and 6 COMMON COUNCIL FOR THE CITY OF CARMEL 'slding OfiIucr A =ST. Y. Townhor e Building: A structure containing attached dwellings. L. Trim: Soffits, architraves, wood reveals, and casement around doors and windows. �iu�Gr�ruiK Diana L. Cordray, IAMC, Clerk "I ei surer }�cr, lrby f\J C j g e As Ronald E. Carter, President Pro Tempore Brian D. Mayo Mark Ratterrmarun 2 Presented by me to the Mayor of the City of Carmel, Indiana the day of 2004, at t i r l o'clock 0 .M. Diana (lays, Cordray, IAMC, C15( jl reasurer Appro cd by me, Mayor of the City of Carmel, Indiana, thi7: day 2004, at ci J 0 o'clock A- .M. A LIT Diana L. Cordray, !AMC. Clerk re. surer es Brainard, Mayor This Instrument prepared by: David E. Leazenby Buckingham Properties, Inc. 333 N, Pennsylvania St., 10 Floor Indianapolis, IN 46204 This Instrument reviewed by: Charles D. Frankenberger James E. Shinaver NELSON FRANKENBERGER 3021 East 98 Street, Suite 220 Indianapolis, IN 46280 H:VanotlEdcn\Buckingham;PUD Council Draft 1 E20604.doc 10 Subject to the Right -of. way of 136 Street EXHIBIT "A" Legal Description Part of the Southeast Quarter of Section 24, Township 18 'worth. Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton (.bounty, Indiana; thence South 88 degrees 23 minutes 47 seconds West (assumed beating) on and along the South line of said Southeast Quarter 307.68 feet lo the Southwest comer of real estate conveyed to Tolpygin per decd recorded in the Office of the Hamilton County Recorder as Instrument Number 2002 -2496 "folpygin parcel) and the POINT OF BEGINNING of this description; thence continuing South 88 degrees 23 minutes 47 seconds West 480.21 feet to a point on the East right -of -way line of the Monon Railroad and the point of curvature of a curve to the left having a radius of 1983.00 feet: thence northwesterly on and along said curve an are distance of 957.33 feet to the Southwest corner of real estate conveyed to the Carmel Cemetery Association (C.'emetery Parcel) per deed recorded in the Office of the tiamiltun County Recorder in Deed I3ook 278, Page 370: thence North 88 degrees 23 minutes 47 seconds East on and along the South line of said Cemetery Parcel 343.14 Meet to a point on the West line of The Ritter's H -P.R recorded in the Office of the Hamilton County Recorder in Plat Cabinet 2, Slide 562; thence South 00 degrees 11 minutes 45 seconds West 00 said West line 145.77 feet to the Southwest corner of said Ritter's H.P.R.; thence the following six (6) calls on and along the South tine of said Ritter's- II P.R 1 North 79 degrees 59 minutes 29 seconds East 170.0 feel; 2.} South 81 degrees (18 minutes 47 seconds East 71_41 feet; 3.) North 67 degrees 57 minutes 12 seconds East 44.54 feet; 4.) North 88 degrees 12 minutes 49 seconds ]Est 101.88 feet; 5.) North 57 degrees 13 minutes 24 seconds East 69.78 feet; 6.) South 60 degrees 35 minutes 56 seconds East .55.18 feet; thence South 00 degrees 21 minutes 44 seconds East 409.53 feet to the Southwest corner of real estate conveyed to Leppert Hensley Mortuary Crematory, Inc. (Mortuary Parcel) per deed recorded in the Office of the Hamilton County Recorder as Instrument Number 2002- 61980; thence North 88 degrees 23 minutes 47 seconds East on and along the South line of said Mortuary Parcel 270.10 feet to a point on the East line of said Southeast Quarter; thence South 00 degrees 21 minutes 44 seconds last on and along said East fine 50.00 feet; thence South 88 degrees 23 minutes 47 seconds West 175.87 feet to a point on the Northwest comer of real estate conveyed to P.S 1. per deal recorded in the Office of the Hamilton County Recorder as Deed Record 23], Page 168 and the point of curvature of a curve to the left having a radius of 1903 08; thence southerly on and along said curve an arc distance of 358.64 feet to the POINT OF BEGINNING, containing in all 12 2lacres, more or less. Subject to the Right-of-way of Range Line Road Subject to the Right -of -way of the Monon Railroad. Subject to the flight -of -way of the Follett Morrow Legal Drain Easement. Subject to all legal easements, rights -of -way, covenants, and restrictions. *Note: This description has been prepared based upon instructions from the client and limited field observations by Mid States Engineering, Ll_.C'. A boundary survey has not been performed by Mid States Engineering, 1,I.C, on the above described area per Indiana Survey Standards as defined in Title 865, Article 1, Rule 12 of the Indiana Administrative Code. In no event will Mid- States F.nginecring, I_LC, its employees, agents, and/or assigns be liable for any damages arising out of the furnishing and /or use of this description. I.4 1. 2. 3. 4. 5. 6. 7. 8. 10. 11. 12. Appendix Pulte Punch List 4 -48 -10 Traditions on the Monon Builder Punch List 1072 3rd Ave. Siding Repair 3rd Ave. Water Drain Area Surface to level of rest of street 9th Avenue Straighten leaning stacks Beneath the patio door trim painting Matt checking with construction guys Remove all inlet baskets from drains New building areas will be revisted and taken care of by Pulte once construction is complete Proposed fountain Matt is looking into Replace concrete walk across from 1025 2nd Ave Replace concrete curb infront of 95 11th Replace concrete walk next to 105 11th Fix curb next to 1025 10th southern island common area replace concrete walk- settled on west side *Walked on April 28, 2010 by Andrea Wilson OMNI Management and Matt Lohmeyer Pulte Date Invoice No Amount Description 5/29/2047 107057 $815.00 Irrigation Services: Repair break in main line due to damage done last fall when electricians were working on site 5/29/2047 107058 $125.00 Irrigation Services: Backflow needs: 1 Shut -off valve replaced per Jessica McCoy at OMNI 6/29/2007 109866 $1,028.20 Irrigation Services: Material Labor cost to replace (5) pop -ups, to replace 60' of pipe that was damaged, and replace (6) couplings and (5) nozzles* 7/24/2007 112309 $185.50 Irrigation Services: Material Labor to replace (4) Nozzles* 8/712047 113047 $180.20 Irrigation Services: Material Labor to replace (4) Nozzles* (Note: Invoice indicates complete date is 7/24/2007) Duplicate? 8/7/2007 113046 $715.50 Irrigation Services: 944 2nd Ave Material Labor cost to replace wire that was cut from construction. This is a temporary fix. When construction is finished, the wire will need re -run 8113/2007 113918 $630.70 Irrigation Services: Material Labor cost to replace (4) small rotors, (1) pop -up cap off, (2) damaged rotors 10/23/2007 119484 $498.20 Irrigation Services: Repaired the empty building pad leak per Kevin Brand of Centex $4,178.30 2007 Total Charges 7/15/2008 153035 $374.50 Irrigation Services: Material Labor to replace (8) Pop -ups 8/1212048 155691 $203.30 Irrigation Services: Material Labor to replace (2) Pop -ups and turn time down on zone 24 per Jon Issacs of Centex 11/1/2008 164035 $1,074.01 Irrigation Services: Material Labor to repair (10) irrigation heads, (7) nozzles (1) rotor and (6) rotor nozzles* from construction and car damage $1,651.81 2008 Total Charges 6/30/2009 178470 $1316.10 Irrigation Services: Make adjustments and repair leaks to get system to Operational order. (16) Nozzles* (missing or clogged), (1) 1 Electric Valve, (10) 1" PVC Pipe. Per Ryan Hoffman -OMNI $1,230.00 2009 Total Charges 5/31/2010 213530 $454.75 Irrigation Services: Labor and material associated with Irrigation Startup. Repairs needed to be done in order to startup the system. (13) nozzles* (3) damaged rotor heads. Approved over the phone by Andrea Wilson at OMNI. 6/29/2010 218208 $155.15 Irrigation Services: Repair of (1) cracked valve box on main line. Per Andrea Wilson at OMNI. $609.90 2010 YTD Appendix Issue 2.0: Irrigation System Charges Irrigation System Charges 2007 2010 Table 1 $7,670.01 Total HOA Payments 2007 -2010 Note: To date, more than 46 nozzles have been replaced GII1 SU RETT,: INSPLC:F Inspector: Steve Surette 9 Copyright 1999, ON -SITE So[ulions, All rights Reserved Properfy:85_911rSt NW Carmel tN 46 Date: 7 -2q -2(110 #H100500072 SUMMARY 1 MAJOR REPAIRS SAFETY HAZARDS This summary page is provided as a courtesy for quicker access to some of the information from within the inspection report. It is not intended as a substitute for reading the entire inspection report. Items listed below may be discussed further on the corresponding report page. There also may be more findings than what is listed on this page. ROOF The property does not have adequate guttering which is allowing water to cause problems around many of the slab foundations, erosion of the landscaping and contributing to ponding on the sidewalks especially between buildings 17 18. Suggest directing water under sidewalks. See photos 3 6 and comments on Grounds page GROUNDS The concrete has areas of the walkways and curbs that have signs of cracking and settling. This is unusual for new concrete. These sections should be further evaluated and repaired. (See Photo 4) (See Photo 5) (See Photo 6) The concrete driveways behind the south buildings have signs of cracking and settling. approximately 15 driveways have more than normal cracking (See Photo 7) Front yard lights are improperly wired without conduit near front entrance east wall. (See Photo 1) The block retaining walls show signs of movement along the east walls and north west corner. These walls are leaning and should evaluated by an engineer. (See Photo 2) (See Photo 3) Some gutter discharge points are causing erosion and some are causing ponding water between the buildings. Suggest improvements to the gutter system and landscaping be made to control erosion and ponding water. (See Photos 8 13) (See Photo 14) (See Photo 15) (See Photo 16) (See Photo 17) (See Photo 18) Openings below grade (HVAC) should be terminated above grade to prevent water animal intrusion (See photo 14) Mail box stations are not secured to footer. Tipping or falling onto pedestrians /children very likely and likely during winter time snow plowing services PLUMBING Gas piping at the meters and the incoming supply pipes have signs of rusting. The supply pipes at the first building have serious signs of rusting. (See Photo 1) 2 GENERAL REPAIRS EXTERIOR Some wall penetrations are not properly sealed. (See Photo 3) Normal stress settling cracks noted in the veneer. (See Photo 4) Some sections of brick have not been cleaned of excessive mortar and caulking has not been properly installed where different materials join together. (See Photo 5) Loose trim pieces were noted at the south facing dormer of the first building. (See Photo 6) (See Photo 7) There is evidence that animals are trying to enter homes near door openings at gaps in trim. (See Photo 1) (See Photo 2) GROUNDS The final installation of the asphalt driveway is incomplete. (See Photo 10) (See Photo 11) Water was observed leaking from irrigation system on north side of property. Sections of the yard show signs of stress from inadequate irrigation (See Photos 16 19) Utility boxes are leaning in several locations. (See Photo 9) HEATING COOLING Many of the NC units are not sitting level. This can affect the operation of the unit. We recommend that the units be leveled and the lower edge of the pads be raised 4" above grade. (See Photo 1) (See Photo 2) (See Photo 3) (See Photo 4) (See Photo 5) (See Photo 6) (See Photo 7) ELECTRICAL Extra wiring (low voltage) was observed at nearly all buildings. (See Photo 1) (See Photo 3) (See Photo 4) (See Photo 6) (See Photo 7) (See Photo 8) (See Photo 9) (See Photo 10) (See Photo 13) (See Photo 14) (See Photo 15) (See Photo 16) (See Photo 17) Many utility boxes are leaning (See Photo 11) (See Photo 12) Page #16 G Ilill ,uR.ETTE INSPECT Serving Central Indiana Since 1977 P. O. Box 3093 Carmel, IN 46082 The signature below indicates to all parties that the client has read and understands this contract for inspection services. This agreement is by and between the client (indicated above) and Gibbs Surette Inspection Services, Inc. (The Inspection Company) THE INSPECTION REPORT WILL NOT BE RELEASED UNTIL THIS DOCUMENT HAS BEEN SIGNED BY THE CLIENT AND ALL SERVICES HAVE BEEN PAID IN FULL. CO Copyright 1955, ON -SITE Solutions. All rights Reserved Report Prepared For: Traditions on the Mnnnn HQA (Client) Property Inspected: 85_9 h S1 NW Carmel IN 46 Inspection Date: 7 -29 -2010 INSPECTION AGREEMENT SERVICES: FEES: 22 Buildings grounds $4400A0 TOTAL FEES: $4400.00 1. WHAT AN INSPECTION IS: A home inspection is a limited and primarily visual inspection of the readily accessible areas and systems of the property. Readily accessible areas or systems are those available for inspection without (i) requiring moving of personal property, or (ii) taking apart or removing any component, devise or piece of equipment that would not be taken apart or removed by a homeowner in the course of normal and routine homeowner maintenance. The purpose of the inspection is to find major defects and inform the client about the condition of the systems and components of the home as inspected at the time of the inspection. The inspection shall be performed in accordance with the Standards of Practice of the American Society of Home Inspectors, Inc., whose terms are incorporated herein by reference. A copy of these standards will be made available upon request. 2. WHAT AN INSPECTION IS NOT: The inspection is not an in depth or technically exhaustive analysis of the property and is not a code inspection or engineering evaluation. A. THE INSPECTION MAY NOT FIND EVERY DEFECT: Because of the limited visual nature of the services there is a likelihood that the inspection company may not find every defect in the property. The client acknowledges the potential that the inspection company may not find every possible defect and further acknowledges that the inspection company can not be responsible for defects that may exist in the property but can not be discovered through a limited visual inspection of the readily accessible areas of the property. Defects that are hidden, latent, concealed, covered or in any way not discoverable at the time of the inspection are not the responsibility of the inspection company. The inspection is limited by the weather conditions at the time of the inspection. The weather conditions may either help or hinder the inspection company's ability to find defects. The inspection company will not be responsible for defects which could only have been found in weather conditions different than the weather conditions at the time of the inspection. B. NOT AN INSURANCE POLICY OR A WARRANTY: This inspection is not an insurance policy and/or does not provide a warranty or guaranty of any kind on the property inspected, 3. GREATER PROTECTION: If the client desires greater protection than can be provided in a limited visual inspection then one or both of the following options are available; A. At the clients request a technically exhaustive inspection can be provided for a fee not to exceed 5% of the purchase price of the property. A technically exhaustive inspection would include the extensive use of measurements, instruments, testing, calculations, and other means to develop scientific or engineering findings, conclusions and recommendations. With proper authorization this service would involve limited demolition or destructive testing. B. At the clients request the inspection company will arrange for the purchase of a one year home warranty policy from a third party warranty company. Additional fees for this warranty shall be the responsibility of the client. 4. ITEMS NOT INCLUDED: Items which are NOT part of the inspection include, but are not limited to; Environmental: lead paint, asbestos, toxic materials, mold and radon (unless contracted for separately) Appliances: garage door opener remote transmitters /receivers, refrigerators, freezers, free standing kitchen appliances, laundry appliances, water softeners and filters, and self cleaning or continuous cleaning capabilities of ovens. Equipment: swimming pools, spas, tennis courts, playground equipment, or other recreational or leisure equipment. Cosmetics: floor coverings, interior paint, nicks and scratches in walls, ceilings, floors and trim or other conditions in the property that would be considered cosmetic only. Insects: any non -wood infesting insects, such as fleas, cockroaches, bees, mites, ticks, flies, etc. An inspection for wood destroying insects such as termites, carpenter ants, carpenter bees, etc. is not included in the home inspection but can be contracted for separately. (This agreement is continued on the reverse side) (Pape 1 of 2) Page #2 J P. 0. Box 3093 Carmel, IN 46082 INSPECTION AGREEMENT 5. LIMITATIONS OF LIABILITY: A. RIGHT OF REINSPECT!ON: If a component of the home, a system thereof, or any mechanical equipment servicing it inspected and reported by the inspection company is discovered as requiring repairs or replacement which differ from that stated in the inspection company's report and the client believes that the inspection company should be liable for the item, the client will inform the inspection company and allow the inspection company to re- inspect the item before the client repairs or replaces the item. If the client does repair, replace or alters the item before the inspection company has had the opportunity to re- inspect it, the client waives any and all actions against the inspection company. B. LIMITATION OF INSPECTION COMPANY'S LIABILITY: IF THE INSPECTION COMPANY SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO ITS PERFORMANCE OR FAILURE OF PERFORMANCE OF THE SERVICES TO BE PROVIDED HEREUNDER, WHETHER DIRECTLY OR INDIRECTLY IN ANY RESPECT, REGARDLESS OF WHETHER CLIENT'S CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THE INSPECTION COMPANY'S LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE SUM OF MONEY ACTUALLY PAID BY THE CLIENT TO THE INSPECTION COMPANY FOR THE SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT AND SUCH AMOUNT SHALL BE DEEMED LIQUIDATED DAMAGES AND NOT AS A PENALTY AND SHALL BE THE EXCLUSIVE LIABILITY OF THE INSPECTION COMPANY TO THE CLIENT. IN NO EVENT SHALL THE INSPECTION COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY NATURE OR FOR ANY CLAIM AGAINST THE CLIENT BY A THIRD PARTY. 6. WORKING ON THE HOUSE: Contractors, repairmen, engineers, architects or homeowners that may work on the property after the inspection may find defects through the course of disassembling components of the property. The inspection company will not disassemble or use any destructive techniques and therefore the inspection company will not be responsible for defects which may be found using destructive measures. 7. STATUTE OF LIMITATIONS: No suit or action shall be brought against the inspection company by the client for any loss, cost, damage,expense, liability, or otherwise arising out of or relating in any way to this agreement and the services to be performed or performed hereunder at any time after one (1) year after the date of the inspection. 8. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the client and the inspection company. Any additional inspections shall be performed subject to the terms and conditions of this agreement, except for any applicable fees for additional inspections. 9. LITIGATION: Should the client make any claim or file any lawsuit against the inspection company, the client shall pay all damages, expenses, costs and attorney's fees of the inspection company if the the client does not win. 10. ARBITRATION: The parties agree to arbitrate any claim which may arise out of the performance of this Agreement. Any such claim shall be waived unless the demand for arbitration shall be made within one year from the inspection date. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES IN ACCORDANCE WITH INDIANA LAW. 11. WRITTEN INSPECTION REPORT: A written inspection report shall be furnished to the client by the inspection company within a reasonable time after completion of the inspection. The client's signature below indicates that the client will read the report in its entirety. No verbal representations shall in any way modify the written report. COPIES OF THE REPORT: As a courtesy, the inspection company will distribute copies of the inspection report to the Client's Agent and the Owner's Agent unless otherwise instructed by the Client. (Please write in any different instructions:) Do NOT distribute the report to: Also distribute the report to: Client Date: Time: Executed as of the date written on page one, Clients signature is acknowledgment that the Client has read the foregoing Agreement and understands its terms and conditions. (Page 2 of 2) eopyrignt 1999. ON -SITE sokfions, PJr. rights Reserves Report Prepared For: Traditions on the Mnnnn HOA 188 (Client) V U RETTE Property Inspected: 85 9th St NW_ I N S j? E C T .Carmel IN 46 Ser. L,e Central Indians Since 1977 Inspection Date 7 -29 -2010 TERMINOLOGY Client nn the Mnnon GiBb7ll! F T- 1 N S I' L C t. Property:85-91.13—St NW be., ink feme.I Ind ion 19]) Carmel IN 46 Date: 7- 1 1 The purpose of this report is to provide the client with objective information regarding the condition of the property inspected. All of the following definitions (in accordance with ASHI standards) are based on a limited visual inspection of the readily accessible, visually observable, installed systems and components of the property as inspected at the time of the inspection. It is the goal of the inspection to put a home buyer in a better position to make a buying decision. Not all improvements will be identified during this inspection. Unexpected repairs should still be anticipated. The inspection should not be considered a guarantee or warranty of any kind. ACCEPTABLE: At the time of the inspection the system or component is; 1) performing its intended function 2) not in need of MAJOR CONCERNS SAFETY HAZARDS 3) not in need of REPAIRS 4) not in need of being MONITORED (for any specific reason) 5) not in need of MAINTENANCE IMPROVEMENTS. However, an acceptable system or component may show signs of normal wear and tear and aging. Most systems and components in properties wear out over time. ACCEPTABLE SHOULD NOT BE CONFUSED WITH "PERFECT 1 MAJOR REPAIRS SAFETY HAZARDS: 1) The system or component is not performing its intended function. and /or 2) The system or component is a safety hazard to the occupants of the property. and /or 3) The system or component has a high probability of incurring substantial expense to repair or replace now or in the near future. MAJOR REPAIRS SAFETY HAZARDS should be evaluated by qualified contractors before closing. It is our intention that MAJOR REPAIRS SAFETY HAZARDS be thoughtfully considered BEFORE CLOSING. 2 GENERAL REPAIRS: The system or component needs corrective action at the time of the inspection to assure proper and reliable function. Items listed as GENERAL REPAIRS should be evaluated by qualified contractors. If left unattended GENERAL REPAIRS can become MAJOR REPAIRS SAFETY HAZARDS REPAIRS could be remedied either before or after closing. This will be your decision to make. 1) The system or component is showing some signs of past and /or possibly present defects but we are not able to exactly determine if the defects are active or inactive and, therefore, if repair or replacement may be necessary now or in the near future or not at all. (For example a water stain on a ceiling that is dry at the time of the inspection may just be evidence of an old leak that was repaired. We can not know for sure, therefore we recommend monitoring the stain.) 2) The system or component is nearing the end of its expected useful life and/or shows signs of wear and tear that indicate that the system or component could need repairs or replacement soon. 4 MAINTENANCE IMPROVEMENTS: We use this category to identify systems or components which are in need of routine maintenance for a property of this age. Periodic maintenance and servicing is necessary in all properties to insure continued proper operation of the systems or components. In most cases improvements are given on items that are older and now newer and safer methods and standards exist. Improvements are not required but are recommended and should be considered and budgeted for. 5 GENERAL COMMENTS LIMITATIONS We use this category to make all kinds of general comments about the property. These can range from helpful suggestions to interesting observations to specific limitations about the inspection. 1 Copyright 1999, ON -SITE Solutions, All rights Reserved Page #3 July 20 2010 Pulte Homes Tony Barbee 11590 N. Meridian St. Carmel, IN 46032 Appendix Issue 4.0 Landscaping Letter City of Carmel DEPARTMENT OF COMMUNITY SERVICES RE: Landscape Inspection for the Traditions on the Monon Doc. 05010044, 05010045 Dear Mr. Barbee, I have been asked to do a landscape inspection of the Traditions on the Monon per the required landscape plan. The following letter represents comments for this project specifically addressing the area of urban forestry. I have reviewed the drawings and offer the following comments: URBAN FORESTRY REVIEW COMMENTS 1) Enclosed is the inspection for the landscaping at Traditions on the Monon. The first page is the overall for the site; there are numerous trees missing. The second page notes common areas that have some shrubs missing. This plant material will need to be installed according to the plan or a letter of change will need to be made noting the changes and then approved by the Urban Forester. In addition, I would like to see correspondence with Tom Sharp, Victoria Mandras and the Home owners Association in regards to these plantings which should mitigate some of the concerns. 2) The installations of many of the plants are not properly installed. The planting details on L1.4 should be followed. The enclosed planting details will also suffice in lieu of the details on L1.4 if not specifically detrimental to the plant material because of site conditions. All existing plants and all newly planted material shall be addressed as to correct the improper mulching and installation. 3) As for the building landscape plans, I started to review them and noticed that they are completely different than what the plan dictates. However, as the City is concerned, I do not see this as a prominent issue. The landscaping is easily above and beyond the quantity and quality of the plan. Because of the lack of completion on this overall project, I will recommend that a hold be put on the C/O for the last building that is currently being built. This hold can be addressed once the landscape issues have been completed. If you have any questions about the C/O please contact 317 -571 -2444. Please contact me if you have any questions. Sincerely, Daren Mindharn Urban Forester Enclosure ONE CIVIC SQUARE CARMEL, INDIANA 46032 317 571 -2417